Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Volatile Organic Compounds for the State of New Jersey

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ17-2-169, FRL-5868-4]

Approval and Promulgation of Implementation Plans; Reasonably

Available Control Technology for Volatile Organic Compounds for the

State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is announcing the approval of a revision to the New

Jersey State Implementation Plan (SIP) for the attainment and

maintenance of the national ambient air quality standards for Ozone.

The SIP revision was submitted by the New Jersey Department of

Environmental Protection and consists of the adopted revisions to

Subchapter 16 ``Control and Prohibition of Air Pollution by Volatile

Organic Compounds.'' These revisions relate to the control of volatile

organic compounds from major stationary sources not subject to control

techniques guidelines (CTG). The intended effect is to reduce the

emissions of volatile organic compounds and thereby reduce ozone

concentrations in the lower atmosphere which will assist in attaining

the health based ozone air quality standard. EPA finds that the State

has met the Clean Air Act requirement to adopt reasonably available

control technology for non-CTG major sources.

EPA is also approving revisions to Subchapter 8 ``Permits and

Certificates,'' Subchapter 17 ``Control and Prohibition of Air

Pollution by Toxic Substances,'' Subchapter 23 ``Prevention of Air

Pollution From Architectural Coatings and Consumer Products'' and

Subchapter 25 ``Control and Prohibition of Air Pollution by Vehicular

Fuels,'' and Air Test Method 3--Sampling and Analytical Procedures for

the Determination of Volatile Organic Compounds from Source Operations

(Title 7, Chapter 27B, Subchapter 3).

EFFECTIVE DATE: This rule will be effective September 8, 1997.

ADDRESSES: Copies of New Jersey's submittal are available at the

following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York, New York 10007-1866

New Jersey Department of Environmental Protection, Office of Air

Quality Management, Bureau of Air Pollution Control, 401 East State

Street, CN027, Trenton, New Jersey 08625

Environmental Protection Agency, Air and Radiation Docket and

Information Center, Air Docket (6102), 401 M Street, S.W., Washington,

D.C. 20460

FOR FURTHER INFORMATION CONTACT: Paul R. Truchan, Environmental

Engineer, Air Programs Branch, Environmental Protection Agency, 290

Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION: On April 11, 1997 (62 FR 17766) EPA

published, in the Federal Register, a proposed approval of a request by

the State of New Jersey to revise its State Implementation Plan (SIP)

for ozone. This revision to the New Jersey Ozone SIP added revisions to

Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile

Organic Compounds,'' of New Jersey Administrative Code (N.J.A.C.) of

Title 7, Chapter 27 which have occurred several times since EPA's last

action. EPA is approving all changes which have occurred in Subchapter

16 (effective date March 2, 1992) since EPA's last approval on April

15, 1994 (59 FR 1994). This includes the following versions of

Subchapter 16 with effective dates of December 20, 1993, June 20, 1994,

December 5, 1994, May 15, 1995, and July 17, 1995.

EPA is also approving revisions to Subchapter 8 ``Permits and

Certificates'' (sections 8.1 and 8.2), Subchapter 17 ``Control and

Prohibition of Air Pollution by Toxic Substances,'' Subchapter 23

``Prevention of Air Pollution From Architectural Coatings and Consumer

Products'' and Subchapter 25 ``Control and Prohibition of Air Pollution

by Vehicular Fuels,'' and Air Test Method 3--Sampling and Analytical

Procedures for the Determination of Volatile Organic Compounds from

Source Operations (Title 7, Chapter 27B, Subchapter 3). These revisions

were effective July 17, 1995 and only involve administrative changes

made to insure consistency with Subchapter 16 revisions.

Today's approval by EPA will revise the State Implementation Plan

so that it contains the most current versions of the State regulations

which were submitted as SIP revisions. The revisions and rationale for

EPA's approval and rulemaking actions were explained in the April 11,

1997 proposal and will not be restated here. The reader is referred to

the proposal for a detailed explanation of New Jersey's SIP revision.

In response to EPA's proposed approval of New Jersey's SIP revision, no

comments were received.

Conclusion

EPA is approving the revisions of Subchapter 8, ``Permits and

Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and

Prohibition of Air Pollution by Volatile Organic Compounds,''

Subchapter 17, ``Control and Prohibition of Air Pollution by Toxic

Substances,'' Subchapter 23, ``Prevention of Air Pollution From

Architectural Coatings and Consumer Products,'' and Subchapter 25,

``Control and Prohibition of Air Pollution by Vehicular Fuels,'' and to

Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative

Code Air Test Method 3--``Sampling and Analytical Procedures for the

Determination of Volatile Organic Compounds from Source Operations,''

into the New Jersey SIP for the attainment and maintenance of the

national ambient air quality standards for Ozone.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental

[[Page 42413]]

factors and in relation to relevant statutory and regulatory

requirements.

Administrative Requirements

Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from E.O. 12866 review.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act (Act) do not create any new requirements but simply

approve requirements that the state is already imposing. Therefore,

because the federal SIP approval does not impose any new requirements,

I certify that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the Federal-State

relationship under the Act, preparation of a flexibility analysis would

constitute federal inquiry into the economic reasonableness of state

action. The Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to state, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a federal mandate that may result in estimated annual costs of

$100 million or more to either state, local, or tribal governments in

the aggregate, or to the private sector. This federal action approves

pre-existing requirements under state or local law, and imposes no new

requirements. Accordingly, no additional costs to state, local, or

tribal governments, or to the private sector, result from this action.

Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by October 6, 1997. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Ozone, Reporting and recordkeeping

requirements, Volatile organic compounds.

Dated: July 21, 1997.

William J. Muszynski,

Deputy Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart FF--New Jersey

2. Section 52.1570 is amended by adding new paragraph (c)(63) to

read as follows:

Sec. 52.1570 Identification of plan.

* * * * *

(c) * * *

* * * * *

(63) Revisions to the New Jersey State Implementation Plan (SIP)

for ozone concerning the control of volatile organic compounds from

stationary sources, dated November 15, 1993 and two revisions dated

June 21, 1996 submitted by the New Jersey Department of Environmental

Protection (NJDEP).

(i) Incorporation by reference:

(A) Amendments effective December 20, 1993 to Title 7, Chapter 27

of the New Jersey Administrative Code Subchapter 16, ``Control and

Prohibition of Air Pollution by Volatile Organic Compounds.''

(B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of

the New Jersey Administrative Code: Subchapter 8, ``Permits and

Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and

Prohibition of Air Pollution by Volatile Organic Compounds,''

Subchapter 17, ``Control and Prohibition of Air Pollution by Toxic

Substances,'' Subchapter 23, ``Prevention of Air Pollution From

Architectural Coatings and Consumer Products,'' and Subchapter 25,

``Control and Prohibition of Air Pollution by Vehicular Fuels.''

Amendments effective June 20, 1994 to Title 7, Chapter 27B, Subchapter

3 of the New Jersey Administrative Code Air Test Method 3--``Sampling

and Analytical Procedures for the Determination of Volatile Organic

Compounds from Source Operations.''

(C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of

the New Jersey Administrative Code Subchapter 16, ``Control and

Prohibition of Air Pollution by Volatile Organic Compounds.''

(D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the

New Jersey Administrative Code Subchapter 16, ``Control and Prohibition

of Air Pollution by Volatile Organic Compounds.''

(E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of

the New Jersey Administrative Code Subchapter 16, ``Control and

Prohibition of Air Pollution by Volatile Organic Compounds.''

(ii) Additional material:

(A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J.

Muszynski, EPA, requesting EPA approval of Subchapter 16.

(B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to

Jeanne M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17,

23, 25 and Air Test Method 3.

[[Page 42414]]

(C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to

Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 16.

3. Section 52.1605 is amended by revising the entries for

Subchapters 8, 16, 17, 23, and 25 under the heading ``Title 7, Chapter

27'' and Subchapter 3 under the heading ``Title 7, Chapter 27B to the

table in numerical order to read as follows:

Sec. 52.1605 EPA-approved New Jersey regulations.

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State regulation State effective date EPA approved date Comments

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* * * * * * *

Title 7, Chapter 27

* * * * * * *

Subchapter 8, ``Permits and Apr. 5, 1985.......... Nov. 25, 1986, 51 FR

Certificates, Hearings, and 42573.

Confidentiality''.

Section 8.11...................... Mar. 2, 1992.......... Apr. 15, 1994, 59 FR

17935.

Sections 8.1 and 8.2.............. June 20, 1994......... August 7, 1997 [FR page

citation].

* * * * * * *

Subchapter 16, ``Control and July 17, 1995......... August 7, 1997 [FR page Earlier versions of

Prohibition of Air Pollution by citation]. Subchapter 16 remain

Volatile Organic Compounds''. part of the SIP only to

the extent of

determining compliance

dates which have since

passed.

Subchapter 17, ``Control and June 20, 1994......... August 7, 1997 [FR page Subchapter 17 is included

Prohibition of Air Pollution by citation]. in the SIP only as it

Toxic Substances''. relates to the control

of perchloroethylene.

* * * * * * *

Subchapter 23, ``Prevention of Air June 20, 1994......... August 7, 1997 [FR page

Pollution from Architectural citation].

Coatings and Consumer Products''.

* * * * * * *

Subchapter 25, ``Control and June 20, 1994......... August 7, 1997 [FR page Approves 1992 revision of

Prohibition of Air Pollution by citation]. Subchapter 25 except

Vehicular Fuels''. that (1) oxygenated

gasoline provisions are

approved only as they

apply to the four month

control period from

November 1 through the

last day in February,

consistent with the

February 21, 1995 NJDEP

modification of N.J.A.C.

7:27-25; and (2)

oxygenated gasoline

provisions are approved

only as they apply to

the Northern New Jersey

portion of the New York-

Northern New Jersey-Long

Island consolidated

metropolitan statistical

area.

* * * * * * *

Title 7, Chapter 27B

Subchapter 3, ``Air Test Method 3: June 20, 1994......... August 7, 1997 [FR page

Sampling and Analytic Procedures citation].

for the Determination of Volatile

Organic Compounds from Source

Operations''.

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[FR Doc. 97-20827 Filed 8-6-97; 8:45 am]

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